Can A Breath Test Be Beaten?

byJoseph PatituceonMarch 13, 2013

One thing people quickly come to realize after failing a breath test is that they should never have taken it in the first place. Most people end up taking a breath test for one of three general reasons (1) they want to comply with the police officer and do not know their rights, (2) they feel that since the police officer told them they passed the field sobriety tests that they should pass this one too, and (3) they are told that if they refuse on a first offense they lose their right to drive for one full year.

People understand that by failing a breath test they have now made their lives that much harder, but how do you get around it? Is it possible to beat a breath test? In one word: Yes.

New York State’s Police Agencies use a breath testing device called the the BAC Datamaster. The device is considered reliable by the police, district attorneys, and the courts. It doesn’t mean the device is fool proof.

There are several attacks that we make on the machines, and several attacks that we make on the specific machine you took your test on. We also litigate (fight) with the prosecutor over whether or not you should have even had to take the breath test to begin with. From there we attack the method of the test, the procedures used in the test, the application of certain scientific principles, machine calibration, machine error, user error, and certain health issues.

If you would like to learn more about how we can help beat your breath test give us a call at (518) 300-1331. Ask to speak to me, Eric Schillinger, regarding your case. I am a DWI Attorney in Albany who, if I take your case on, promises that you will be treated with the dignity and respect that you deserve.